Advice regarding crash with parked car (double yellow lines)

[Dave7]

As Drago said......................you really must report it if there was damage to a vehicle.
Some years ago I was involved in an incident where the other drive admitted fault. I didn't report it as my car was undamaged. He did report it and I got fined and the license endorsed simply for not reporting it.
I think you have 24 hours to do this (that part may have changed since my incident)

 

[amasidlover]

So 78m instead of 18m - its still only 18 seconds at 10mph; or am I missing something more fundamental? its quite possible...

 

[Paul99]

So 78m instead of 18m - its still only 18 seconds at 10mph; or am I missing something more fundamental? its quite possible...

That it wouldn't take the car 18 seconds to get there?
That the OP has admitted that he wasn't looking where he was going?

 

[vickster]

That the OP has admitted that he wasn't looking where he was going?

This - I think it's pretty outrageous of the solicitor friend (albeit an admitted ambulance chaser from what the OP says) to be suggesting the driver is in anyway at fault. Good that the OP says he doesn't agree with the advice from the solicitor. Who incidentally should have instructed the OP to report it if he is familiar with the law

There is no mention of a near miss left hook - if so I think the cyclist would have noticed and mentioned it! The car was parked. The OP says his head was down, so not looking clearly at the road ahead

 

[amasidlover]

Personally, I tend to commute at around 20mph on straight moderately inclined roads; if a driver overtook me and then pulled in 60-100m later I'd say that was extremely poor manners if not downright dangerous, since it would leave me having to pull out round them or come to a rapid halt with relatively little time to shoulder check etc.

But, the OP is definitely partially (or even largely) at fault since the OP was looking down and didn't even attempt to brake/avoid the collision.

My primary point is that the OP needs to be clearer about his description, the only way it could be anything other than the OP's fault 100% is if the driver did pull in and stop straight after overtaking, i.e., a left hook - but I do agree, Paul99 and vickster; IF the car had been parked for some time and not just pulled in straight after overtaking then its 100% the OPs fault and he shouldn't be seeking to claim.

In terms of reporting, the advice I was given by the police last time a motorist hit me while passing to close and then failed to exchange details was that it needs an exchange of details OR a report to police within 24 (or 48?) hours.

 

[Cubist]

The cyclist is under no obligation to report the collision by the way.
If, owing to the presence of a motor vehicle on a road, damage....or injury... Is caused to any ....vehicle....or perso.... Then the driver must stop, and give his name and address and the index mark of the vehicle to any person with an interest inthose details. In the case of injury to ano ther person, then the driver must also furnish the name of his insurers.

 

[Drago]

It's an injury RTC. It must be reported in person as soon as is reasonably practicable, and in any case within 24 hours. Where an injury occurs, regardless of who may or may not be to blame, the simple exchange of details between the parties involved is insufficient to discharge your lawful obligations.

There is no requirement to exchange insurance details, only the vehicle details and the name and address of the driver (and of the registered keeper if that's a different person). There is case law that it does not have to even be a home address you give - a work address or solicitors have been held to be sufficient, provided you are genuinely and reasonably contactable there.

Edit, yes, the driver needs to be doing this.

 

[vickster]

The driver should report to his insurers too, who may advise him to claim against the cyclist I should think

 

[Cubist]

It's an injury RTC. It must be reported in person as soon as is reasonably practicable, and in any case within 24 hours. Where an injury occurs, regardless of who may or may not be to blame, the simple exchange of details between the parties involved is insufficient to discharge your lawful obligations.

There is no requirement to exchange insurance details, only the vehicle details and the name and address of the driver (and of the registered keeper if that's a different person). There is case law that it does not have to even be a home address you give - a work address or solicitors have been held to be sufficient, provided you are genuinely and reasonably contactable there.

Edit, yes, the driver needs to be doing this.

Not so, sorry.

Only the driver of a mechanically propelled vehicle is under any obligation to furnish details. Once details are furnished there is no obligation to report.

Only if the driver of the mechanically propelled vehicle cannot provide details(such as running into a wall on a country lane at night) are they under an obligation to report.

The driver must provide the name of his insurers in the case of an injury accident.

Good stealth edit by the way.

 

[mr_cellophane]

My understanding from many years ago, is that the illegally parked car is only to blame if they were parked in an unsafe position - brow of a hill, humpback bridge, near a junction

 

[fossyant]

Since when did putting your head down increase leg power.

I am afraid you werent watching where you were going. Simple.

 

[GGG]

As far as I am aware Cubist is correct. It's for the driver to report.

 

[snorri]

Now if this and all other cars were required to have a hi-viz paint job on the rear..........

 

[Sandra6]

A few years ago we we parked partly on the pavement, loading the car. Another car misjudged the gap between us, him and the oncoming traffic, and took our mirror off.
My husband caught him at the junction, he wasn't going to stop, and he tried to blame us.
Thing is, a stationary vehicle is rarely responsible for an accident. Parking on a blind bend being a possible exception.
He soon coughed up for the damage.
Op, you rode into the back of him, even if he'd been moving but slowly, its up to you to look where you're going.
If he'd gone into you I doubt you'd be apologising for getting in the way.

 

[shouldbeinbed]

Now if this and all other cars were required to have a hi-viz paint job on the rear..........

Only any good if the cyclist is looking....